BNS Section 82: Marrying Again During the Lifetime of the Husband or Wife

Section 82 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. This section addresses the act of marrying again during the lifetime of a spouse, commonly referred to as bigamy, unless the existing marriage has been legally dissolved or permitted by applicable personal laws.

Definition of BNS Section 82

Section 82 of the BNS 2023 States:
(1) Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception.—This sub-section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
(2) Whoever commits the offence under sub-section (1) having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine

Explanation and Illustration of BNS Section 82

Section 82 It lays down the punishment for anyone who contracts a marriage while their husband or wife is still living, in cases where such a marriage is considered void. Additionally, it specifies the consequences if the person conceals the existence of a prior marriage from their new spouse.

Sub-section (1) – Punishment for Bigamy

This sub-section punishes any person who marries someone while their spouse is still alive, if the marriage is void because the person is already legally married. The punishment for such an offense is imprisonment for up to seven years and a fine.

Exception:

This does not apply if a court has declared the previous marriage void.

It also does not apply if a person marries while their previous spouse has been continuously absent for at least seven years, and there is no credible information about whether the spouse is alive. However, the person intending to marry must inform the new spouse of these circumstances before the marriage takes place.

Sub-section (2) – Concealing the First Marriage

If someone commits bigamy under the circumstances mentioned in sub-section (1) but fails to disclose the fact of their previous marriage to the new spouse, the punishment is more severe. The person may face imprisonment for up to ten years and a fine.

Illustrations:

Illustration 1: A man, already married to a woman, marries another woman while his first wife is still alive. He does not inform his second wife about his previous marriage. When the first wife finds out, the man is prosecuted. Under Section 82(2), the man can be sentenced to up to ten years in prison and a fine because he concealed the fact of his earlier marriage from his second wife.

Illustration 2: A woman, married to a man, finds out that her husband has been absent for over seven years and there has been no news of him being alive. She marries another man after informing him of her husband’s absence and the circumstances. This marriage is not considered bigamous under Section 82(1), as the absence of the first husband for seven years qualifies her to marry again, and the new spouse is made aware of the situation.

Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS Section 82

BNS-82(1) makes it a criminal offense to remarry while one's current spouse is still alive. Any second marriage in such cases is considered void, meaning it has no legal validity. The offender can face imprisonment of up to seven years and may also incur a fine. This provision applies equally to both men and women, ensuring it is gender-neutral.

Exceptions to the Rule:

Marriage Declared Void by Court: If the first marriage is declared void by a competent court, the individual is allowed to remarry.

Absence of Spouse for Seven Years: If the first spouse has been absent for seven or more years, and there is no information indicating that they are alive, the person may remarry. However, they must inform the new spouse about the circumstances regarding the first spouse’s disappearance.

Punishment for Concealment: According to BNS-82(2), if a person remarries while concealing the fact of their previous marriage, they face more severe punishment, which may include up to ten years of imprisonment and a fine. This clause addresses deceitful behavior related to marriage.

Differences Between Section 82 of BNS and its equivalent IPC Section

This section outlines the key differences between Section 82 of BNS and its equivalent IPC section 494 and 495 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.

BNS Sections/ Subsections	Subject	IPC Sections	Summary of comparison
82(1) and 82(2)	Marrying again during lifetime of husband or wife and Marrying again during lifetime of husband or wife with concealment of former marriage from person with whom subsequent marriage is contracted.	494 and 495	IPC section is included as a sub-section and IPC section is included as sub-section in BNS sans heading. Words 'defined in last preceding section' are excluded.

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FAQs about Section 82 of the Bharatiya Nyaya Sanhita (BNS)

What is Section 82 of the Bharatiya Nyaya Sanhita?

Section 82 of the Bharatiya Nyaya Sanhita (BNS) 2023 deals with the offense of bigamy — specifically, it addresses the crime of marrying someone while already being married to another person who is still alive.

What is the purpose of Section 82?

The purpose of Section 82 is to criminalize and punish the act of marrying someone while still having a living spouse, thus preventing bigamy and protecting the integrity of lawful marriages. It also aims to safeguard individuals from being deceived into entering into marriages based on false representations about a person's marital status.

What constitutes an offense under Section 82?

An offense under Section 82 is constituted when: A person, having a living spouse and entering into another marriage while the first marriage is still valid.

What is the punishment under Section 82?

The punishment under Section 82 depends on the nature of the offense:

Under sub-section (1), a person found guilty of bigamy can be punished with imprisonment for a term that may extend to seven years and may also face a fine.

Under sub-section (2), if the person commits bigamy and conceals the fact of their previous marriage from the new spouse, the punishment increases to up to ten years of imprisonment and a fine.

Does Section 82 cover live-in relationships?

No, Section 82 does not specifically cover live-in relationships. The section only deals with formal marriages that are void by reason of bigamy, where one spouse is still alive.